GUI Global Products v. Apple

Case 4:20-cv-02652 Document 1 Filed on 07/28/20 in TXSD Page 1 of 49
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
GUI GLOBAL PRODUCTS, LTD. §

D/B/A GWEE §
§
Plaintiff, §
§
vs. § Case No. 4:20-cv-02652
§
APPLE INC. §
§
Defendant. § Jury Trial Requested
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff GUI Global Products, Ltd. d/b/a Gwee (“Gwee” or “Plaintiff”) hereby submits
this Complaint for patent infringement against Defendant Apple, Inc. (“Apple” or “Defendant”)
and states as follows:
INTRODUCTION
1. This is a patent infringement case in which Gwee seeks compensation for Apple’s
infringement of Gwee’s U.S. Patent Nos. 10,589,320; 10,562,077; 10,259,021 and 10,259,020
(collectively the “patents-in-suit”).
2. Gwee and the Gwee® line of touchscreen, earbuds, optical microfiber cleaning
products, exercise devices, and medical products are at least primarily the brainchild of inventor
Walter G. Mayfield of Houston, Texas. Mr. Mayfield is the manager of GUI Global Management,
LLC, which is the Managing General Partner of GUI Global Products, Ltd.
3. After many weekends spent in his garage and kitchen developing prototypes, Mr.
Mayfield decided that a business could be created from some of his innovative products. He then
explored the commercialization of a new line of cleaning and switching products for touch screen
devices and earbuds including with a magnetic cord manager that offered convenience, portability
and performance. With the addition of entrepreneur and former business owner, Dan Valdez, Gwee
was founded. Mr. Valdez served as President of Gwee and co-inventor on the patents-in-suit.
Since its founding, Gwee has developed an even more robust portfolio of innovative products
including an exercise device through its subsidiary GweeGym, LLC and a patented liquid
indicating medical bandage through its subsidiary Dry See, Inc. Brand names of some of Gwee’s
products, including through its subsidiaries, include Sport Guppy™, Gwee Button™, Gwee
Keyring™, Gwee Leaf™, Gwee Racer™, Gwee Racercase™, Gwee Budz™, Gwee Button
Dock™, Gwee Gym™, and Dry See®.
4. Mr. Mayfield and Mr. Valdez combined their inventive efforts to create and refine
a portfolio of Gwee products, continued to build the company, and began to implement the go-to
market strategy. With the hard work of Mr. Mayfield, Mr. Valdez and others, Gwee affirmed its
place in the market.
5. Mr. Mayfield and Mr. Valdez have been not only entrepreneurs and successful
businessmen, but also successful inventors. Mr. Mayfield is a named inventor on fifteen United
States patents, including ten patents in which Mr. Valdez and Mr. Mayfield are listed as co-
inventors. These ten patents include the four patents-in-suit.
6. The Apple products that infringe the patents-in-suit are the various iterations of
AirPods products (e.g., AirPods, AirPods (2nd Gen), AirPods Pro, and Powerbeats Pro)
(collectively the “Apple Infringing Products”).
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THE PATENTS-IN-SUIT
7. Gwee is the owner of all right, title and interest in the patents-in-suit, including the
right to sue for past, present and future infringement thereof and to collect damages for any such
past, present or future infringement. The inventions disclosed and claimed in the patents-in-suit
provide numerous benefits over any prior existing systems comprising magnetic portable
switching devices.
8. The matters described and claimed by U.S. Patent No. 10,589,320 generally include
systems comprising a portable switching device selectively and magnetically coupled to a portable
electronic device; wherein the electronic device comprises a circuit responsive to the switching
device; the electronic device comprises at least one of beveled edges, ridges, recessed areas,
grooves, slots, indented shapes, bumps, and raised shapes, which are configured to correspond to
complementary surface elements on the switching device; wherein the portable switching device
is configured to activate, deactivate, or send into hibernation the portable electronic device;
wherein the electronic device plays or pauses a remote device; wherein the switching device
includes a lid and hinge; wherein the lid is recessed to configure to the electronic device; and
wherein the case of the switching device, including its hinged lid, protects the electronic device.
A more specific description of the matters claimed by this patent is detailed below.
systems comprising a portable switching device selectively and magnetically coupled to a portable
electronic device; wherein the electronic device comprises a circuit responsive to the switching
device; the electronic device comprises at least one of beveled edges, ridges, recessed areas,
grooves, slots, indented shapes, bumps and raised shapes, which are configured to correspond to
complementary surface elements on the switching device; wherein the portable switching device
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is configured to activate, deactivate, or send into hibernation the portable electronic device;
wherein the electronic device plays, pauses and/or controls the volume of a remote device; wherein
the switching device includes a lid and hinge; wherein the lid is recessed to configure to the
electronic device; and wherein the case of the switching device, including its hinged lid, protects
the electronic device. A more specific description of the matters claimed by this patent is detailed
below.
systems comprising a portable switching device magnetically and selectively coupled to a portable
electronic device; wherein the electronic device comprises an electronic circuit that is responsive
to the switching device; the electronic device comprises at least one of beveled edges, ridges,
recessed areas, grooves, slots, indented shapes, bumps, and raised shapes, which are configured to
correspond to complementary surface elements on the switching device; wherein the portable
switching device is configured to activate, deactivate or send into hibernation the portable
electronic device; and wherein the case of the switching device functions protects the electronic
device. A more specific description of the matters claimed by this patent is detailed below.
systems comprising a portable switching device coupled to a portable electronic device; wherein:
the switching device and the electronic device are configured to selectively couple to each other
employing magnetic force from a first magnet disposed within the switching device; the switching
device comprises a first case; the electronic device comprises a second case and an electronic
circuit that is responsive to the switching device; the electronic device comprises at least one of
beveled edges, ridges, recessed areas, grooves, slots, indented shapes, bumps and raised shapes
which are configured to correspond to complementary surface elements on the switching device;
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the portable switching device is configured to activate, deactivate or send into hibernation the
portable electronic device; and wherein the electronic device protects the switching device. A
more specific description of the matters claimed by this patent is detailed below.
THE PARTIES
12. Gwee is a Texas limited partnership having its place of business at 1819 St. James
Place in Houston, Texas.
13. Apple is a California corporation having a place of business in Cupertino,
California, and having regular and established places of business in Houston, namely at the Apple
Stores in the Houston Galleria, Memorial City Mall and Highland Village shopping center. Apple
may be served with process through its registered agent for service in Texas: CT Corporation
System, 1999 Bryant Street, Suite 900, Dallas, Texas 75201.
JURISDICTION AND VENUE
14. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
1338(a) because this action arises under the patent laws of the United States, 35 U.S.C. §§ 101, et
seq.
15. This Court has personal jurisdiction over Apple, including because it has committed
acts within this State giving rise to this action and which have established minimum contacts with
this forum such that the exercise of jurisdiction over Apple, including to the fullest extent of the
Texas Long Arm Statute, would not offend traditional notions of fair play and substantial justice.
Without limitation, Gwee’s claims of infringement, including as set forth herein, arise in part out
of Apple’s infringing uses, sales and offers for sale of the Apple Infringing Products occurring in
the State of Texas.
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16. Venue is proper in this District, including because Apple has regular and
established places of business in Houston, Texas, namely its Apple Stores in the Houston Galleria,
Memorial City Mall and Highland Village shopping center, including where the Apple Infringing
Products are at least sold and offered for sale. Apple’s acts of direct infringement include making,
using, selling, offering for sale and importing the Apple Infringing Products, with at least some of
such use and sales efforts by Apple occurring in Houston.
COUNT I – INFRINGMENT OF U.S. PATENT NO. 10,589,320
17. The application for U.S. Patent No. 10,589,320 (the “‘320 patent”) was filed on
November 27, 2019 . The patent issued on March 17, 2020. The ‘320 patent claims priority to
non-provisional and provisional filings dated as far back as August 5, 2011.
18. Claim 1 of the ‘320 patent covers a system comprising “a portable switching device
coupled to a portable electronic device; wherein: the switching device and the electronic device
are configured to selectively couple to each other employing magnetic force; the switching device
comprises a first case; the electronic device comprises a second case and an electronic circuit that
is responsive to the switching device; a first magnet is fully disposed within the electronic device;
the electronic device comprises at least one element selected from the group consisting of beveled
edges, ridges, recessed areas, grooves, slots, indented shapes, bumps, raised shapes, and
combinations thereof; configured to correspond to complementary surface elements on the
switching device; wherein the second case is decoupled from the first case by overcoming
magnetic force the portable switching device is configured to activate, deactivate, or send into
hibernation the portable electronic device; the electronic device plays or pauses a remote device;
the switching device includes a lid and hinge attaching the lid to the switching device; the lid is
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recessed to configure to the electronic device; and when coupled, the first case functions to protect
the second case.”
19. The Apple Infringing Products comprise a portable switching device coupled to a
portable electronic device, for example, the case of the AirPods, AirPods (2nd Gen), AirPods Pro
(collectively “AirPods”) and the Powerbeats case function as a portable switching device and the
AirPod earbud and the Powerbeats earbud are portable electronic devices. Said cases and earbuds
are coupled to each other, respectively, including at least magnetically. For example, when
Airpods earbuds and Powerbeats earbuds are placed into the Airpods case and Powerbeats case,
respectively, they securely snap into place magnetically. Further, if an Airpods case or Powerbeats
case is opened and turned upside down, the Airpods earbuds and Powerbeats earbuds are held into
place magnetically and will not fall from the case. For example:
, , and
20. On information and belief, such coupling comprises the magnets generally marked
by the beads depicted below:
, , and
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21. The Apple Infringing Products comprise the portable switching device (here the
original charging case and/or wireless charging case, the “first case”) and the portable electronic
device (here the earbud(s))earphones, the “second case”) being configured to selectively couple to
each other through a magnetic force.
22. The Apple Infringing Products comprise both the switching device and the
electronic device, each comprising a white or black plastic outer case, as noted in the images above
and below.
23. The Apple Infringing Products comprise the electronic device comprising an
electronic circuit that is responsive to the switching device. For example, when the Airpods or
Powerbeats charging case is opened/closed and the earbuds are located inside the case, the
Bluetooth communications capability of the earbuds is activated/deactivated, including as noted
below:
8
24. The electronic device of the Apple Infringing Products comprises a first magnet
that is fully disposed within the electronic device. For example, a magnet fully disposed within
the electronic device is marked by beads below:
, and
25. The electronic device of the Apple Infringing Products comprises at least one
element selected from the group consisting of bumps, raised shapes, and combinations thereof. For
example:
, , and
26. The electronic device of the Apple Infringing Products is configured to correspond
to complementary surface elements on the switching device. For example, the Airpods case and
Powerbeats case, and Airpods earbuds and Powerbeats earbuds, are configured to fit together,
respectively, when the earbuds are placed into the case. For example:
9
, , and
27. With the Apple Infringing Products, the second case (including as shown below) of
the AirPod earbud and Powerbeats earbud are decoupled from the first case of the Airpods case
and Powerbeats case, respectively, by overcoming the magnetic force of the complementary
magnets located within each case. Such magnets are already noted above.
28. The switching device of the Apple Infringing Products is configured to activate,
deactivate and/or send into hibernation the portable electronic device. For example, when the
Airpods case or Powerbeats case is closed and an earbud is within the case, it deactivates and/or
hibernates the AirPod earbud or Powerbeats earbud located inside the case, including by sending
a signal that causes the earbuds to cease or stop Bluetooth communication; and when the Airpods
case or Powerbeats case is opened, it activates the Airpods earbuds or Powerbeats earbuds located
inside the case, including by sending a signal that causes their Bluetooth communications to
commence.
10
29. The electronic device of the Apple Infringing Products plays or pauses a remote
device. For example, the electronic device of the Apple Infringing Product may play or pause a
music player on a Bluetooth connected cellular phone (e.g., an iPhone), for example, via actions
such as inserting/removing the earbud into/from the ear, and/or by tapping or pressing (as
applicable) the earbud.
30. The switching device of the Apple Infringing Products includes a lid and hinge
(noted below with vertical arrows) attaching the lid to the base of the switching device wherein
the lid is recessed to correspond to the electronic device (noted below with horizontal arrows). For
example:
, , and
31. The switching device of the Apple Infringing Products comprises the first case
functioning to protect the second case. For example:
, , and
32. Claim 2 of the ‘320 patent covers the system of Claim 1 wherein the switching
device has a first lens. The Apple Infringing Products comprise the system of claim 1 (see above),
wherein the switching device has a lens. For example, on information and belief, the Airpods case
and the Powerbeats case each has a lens for its LED light which indicates charge status:
11
33. Claim 3 of the ‘320 patent covers the system of Claim 1 wherein the electronic
device has a second lens. For example, the Apple Infringing Products comprise the system of
claim 1 (see above) and, on information and belief, each AirPod earbud and each Powerbeats
earbud includes at least one infrared sensor and at least one laser, with each earbud comprising a
lens. For example:
, , and
34. Claim 4 of the ‘320 patent covers the system of Claim 1 wherein the lid has a second
magnet disposed within it. The Apple Infringing Products comprise the system of claim 1 (see
above), wherein the lid of the switching device has a plurality of magnets disposed within it. For
example (as noted by the below beads on the lids at left),
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, , and
35. Claim 5 of the ‘320 patent covers the system of Claim 4 wherein the lid is
configured to employ the second magnet to secure the lid in a closed position by magnetically
coupling to the first case. The Apple Infringing Products comprise the system of claim 4 (see
above), wherein the lid of the switching device is configured to employ the second magnet to
secure the lid in a closed position via magnetic coupling, with such coupling being shown as
follows. For example:
, , and
36. Claim 7 of the ‘320 patent covers the system of Claim 3 wherein the first case is
configured to be nonabrasive to the second lens. The Apple Infringing Products comprise the
system of claim 3 (see above), wherein a plastic surface of the Airpods case and of the Powerbeats
case is structurally configured with complementary fitting beveled edges and recesses to the
earbuds, and it is composed of a material nonabrasive to the above-noted lenses, respectively.
37. Claim 9 of the ‘320 patent covers the system of Claim 1 wherein the first magnet
is employed in actuating the electronic circuit. The Apple Infringing Products comprise the system
of claim 1 (see above), wherein the first magnet is employed in actuating the electronic circuit,
including, on information and belief, wherein the magnet disposed within each earbud is used to
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magnetically couple the earbud to the charging case, which engages electrical contact of the
conducting leads of the earbud with the conducting leads of the charging case, thus, actuating the
circuit responsive to the switching device. When said circuit is actuated, electrical communications
occur, comprising activation of the earbud communications capability and communication of
earbud battery status, including as indicated by the earbuds entering into a connected status with a
phone, by LED display on the charging case, and/or by the battery status transmitted to the phone.
An exemplary such magnet is noted below on each respective earbud (complementary magnets are
also noted on each charging case):
, , and
38. Claim 10 of the ‘320 patent covers the system of Claim 4 wherein the second or a
third magnet is employed in the lid to actuate the electronic circuit. The Apple Infringing Products
comprise the system of claim 4 (see above), wherein the second magnet within the lid of the
Airpods case is employed to actuate the electronic circuit. On information and belief, this occurs
in connection with the Hall effect sensor, which senses a magnetic field associated with or
modified by the second magnet.
device is wireless earplugs. The Apple Infringing Products comprise the system of claim 1 (see
above), wherein the electronic device is wireless earbuds (see wireless earbuds noted above).
40. Claim 12 of the ‘320 patent covers the system of Claim 1 wherein the system further
comprises a sensor that can be activated using a magnet. The Apple Infringing Products comprise
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the system of claim 1 (see above), wherein, on information and belief, a sensor, for example a
Hall effect sensor in the charging case, battery level sensor, vertical-cavity surface-emitting laser
sensor, infrared sensor and/or the Bluetooth sensor (i.e., receiver) each can be activated using a
magnet. Bluetooth sensors, infrared sensors and VCSEL sensors in the earbuds are activated when
the charging case is opened and the earbuds are located inside the case, which, on information and
belief, also involves the functionality of the Hall effect sensor. Further, a battery level sensor is
activated when an earbud is in electrical contact with the charging case. Without limitation, a
magnet disposed within each earbud is used to magnetically couple the earbud to the charging
case, which engages electrical contact of the conducting lead of the earbud with the conducting
lead of the charging case, thus actuating a battery level sensor.
the system of claim 5 (see above), wherein, on information and belief, a sensor, for example, each
of a Hall effect sensor in the charging case, a battery level sensor, a vertical-cavity surface-emitting
laser sensor, an infrared sensor and/or a Bluetooth sensor can be activated using a magnet when
the earbuds are located inside the charging case.by a magnetic switch. Bluetooth sensors, infrared
sensors and VCSEL sensors in the earbuds are activated when the charging case is opened, which,
on information and belief, also involves the functionality of the Hall effect sensor. Further, a
battery level sensor is activated when an earbud is in electrical contact with the charging case.
Without limitation, a magnet disposed within each earbud is used to magnetically couple the
earbud to the charging case, which engages electrical contact of the conducting lead of the earbud
with the conducting lead of the charging case, thus actuating a battery level sensor.
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42. Apple has infringed, and continues to infringe, the claims of the ‘320 patent,
including at least those noted above, including by making, using, offering for sale, selling and/or
importing the Apple Infringing Products in violation of 35 U.S.C. § 271(a).
43. Apple has also infringed, and continues to infringe, the claims of the ‘320 patent,
including at least those noted above, by actively inducing others to use, offer for resale, and resell
the Apple Infringing Products. Apple’s customers who use those devices in accordance with
Apple’s instructions directly infringe said claims in violation of 35 U.S.C. § 271(a). Apple
intentionally instructs its customers to infringe, including by and through its product sales,
instructions, manuals and guides.
44. Apple has had at least constructive notice of the ‘320 patent since at least its
issuance. Apple will have been on actual notice of the ’320 patent since, at the latest, the service
of this complaint. By the time of trial, Apple will have known and intended (since receiving such
notice) that its continued actions would actively induce the infringement of the above-noted claims
of the ‘320 patent.
45. Gwee believes and contends that, at minimum, Apple’s knowing and intentional
post-suit continuance of its unjustified, clear, and inexcusable infringement of the ‘320 patent since
receiving notice of its infringement of the ‘320 patent, is necessarily willful, wanton, malicious, in
bad-faith, deliberate, consciously and wrongful, and it constitutes egregious conduct worthy of a
finding of willful infringement. Accordingly, since at least receiving notice of this suit, Apple has
willfully infringed the ’320 patent.
46. The acts of infringement by Apple have caused damage to Gwee, and Gwee is
entitled to recover from Apple the damages sustained by Gwee as a result of Apple’s wrongful
acts in an amount subject to proof at trial but no less than a reasonable royalty. The infringement
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of Gwee’s exclusive rights under the ’320 Patent by Apple has damaged and will continue to
damage Gwee, causing irreparable harm, for which there is no adequate remedy at law, unless
enjoined by this Court.
COUNT II - INFRINGMENT OF U.S. PATENT NO. 10,562,077
July 2, 2019 . The patent issued on February 18, 2020. The ‘077 patent claims priority to non-
provisional and provisional filings dated as far back as August 5, 2011.
48. Claim 1 of the ’077 patent covers a system comprising “a portable switching device
switching device; the portable switching device is configured to activate, deactivate, or send into
hibernation the portable electronic device; the electronic device plays, pauses and/or changes the
volume of a remote device; the switching device includes a lid and hinge attaching the lid to the
switching device; the lid is recessed to configure to the electronic device; and when coupled, the
first case functions to protect the second case.”
portable electronic device, for example, the case of the AirPods and the Powerbeats case function
as a portable switching device and the AirPod earbud and the Powerbeats earbud are portable
17
electronic devices. Said cases and earbuds are coupled to each other, respectively, including at
least magnetically. For example, when Airpods earbuds and Powerbeats earbuds are placed into
the Airpods case and Powerbeats case, respectively, they securely snap into place magnetically.
Further, if an Airpods case or Powerbeats case is opened and turned upside down, the Airpods
earbuds and Powerbeats earbuds are held into place magnetically and will not fall from the case.
For example:
, , and
50. On information and belief, such coupling comprises the magnets generally marked
by the beads depicted below:
, , and
51. The Apple Infringing Products comprise the switching device (here the original
charging case and/or wireless charging case) and the electronic device (here the earbud(s)) being
configured to selectively couple to each other through a magnetic force, as noted in the above
images.
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electronic device each comprising a white or black plastic outer case, as noted in the images above
and below.
electronic circuit that is responsive to the switching device. For example, when the Airpods or
Powerbeats charging case is opened/closed and the earbuds are located within the charging case,
the Bluetooth communications capability of the earbuds is activated/deactivated, including as
noted below:
that is fully disposed within the electronic device. For example (as marked by the beads below):
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, and
element selected from the group consisting of bumps, raised shapes, and combinations thereof.
For example:
, , and
Powerbeats case, and Airpods earbuds and Powerbeats earbuds, are configured to fit together,
respectively, when the earbuds are placed into the case. For example:
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, , and
commence.
58. The electronic device of the Apple Infringing Products plays, pauses and/or
changes the volume of a remote device, for example the electronic device of the Apple Infringing
Product may play, pause and/or change the volume of a music player on a Bluetooth connected
cellular phone (e.g., an iPhone), for example, via actions such as inserting/removing the earbud
into/from the ear, and/or by tapping or pressing (as applicable) the earbud.
59. The switching device of the Apple Infringing Products includes a lid and hinge
(noted below with vertical arrows) attaching the lid to the base of the switching device wherein
the lid is recessed to correspond to the electronic device (noted below with horizontal arrows). For
example:
21
, , and
60. The switching device of the Apple Infringing Products comprises the first case
functioning to protect the second case. For example:
, , and
61. Claim 2 of the ‘077 patent covers the system of Claim 1 wherein the switching
device has a first lens. The Apple Infringing Products comprise the system of claim 1 (see above),
and the Powerbeats case each has a lens for its LED light which indicates charge status:
device has a second lens. For example, the Apple Infringing Products comprise the system of
claim 1 (see above) and, on information and belief, each AirPod earbud and each Powerbeats
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earbud includes at least one infrared sensor and at least one vertical-cavity surface-emitting laser,
which each comprise a lens. For example:
, , and
63. Claim 4 of the ‘077 patent covers the system of Claim 1 wherein the lid has a second
example (as noted by the below beads at left),
, , and
64. Claim 5 of the ‘077 patent covers the system of Claim 4 wherein the lid is
configured to employ the second magnet to secure the lid in a closed position. The Apple
Infringing Products comprise the system of claim 4 (see above), wherein the lid of the switching
device is configured to employ the second magnet to secure the lid in a closed position. For
example:
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, , and
65. Claim 7 of the ‘077 patent covers the system of Claim 3 wherein the first case is
configured to be nonabrasive to the second lens. The Apple Infringing Products comprise the
system of claim 3 (see above), wherein a plastic surface of the Airpods case and of the Powerbeats
case is structurally configured with complementary fitting beveled edges and recesses to the
earbuds, and it is composed of a material nonabrasive to the above-noted lenses, respectively.
66. Claim 9 of the ‘077 patent covers the system of Claim 1 wherein the first magnet
magnetically couple the earbud to the charging case, which engages an electrical contact of the
circuit responsive to the switching device. When said circuit is actuated, electrical
communications occur, comprising the switching on of the earbud communications capability and
communication of earbud battery status, including as indicated by the earbuds entering into a
connected status with a phone, by LED display on the charging case, and/or by the battery status
transmitted to the phone. An exemplary of such magnet is noted below on each respective earbud
(complementary magnets are also noted on each charging case):
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, , and
67. Claim 10 of the ‘077 patent covers the system of Claim 4 wherein the second or a
the system of claim 1 (see above), wherein, on information and belief, a sensor, for example a Hall
effect sensor in the charging case, a battery level sensor, a vertical-cavity surface-emitting laser
sensor, an infrared sensor and/or a Bluetooth sensor (i.e., receiver) each can be activated using a
magnet. Bluetooth sensors, infrared sensors and VCSEL sensors in the earbuds are activated when
the case is opened and the earbuds are located within the charging case, which, on information and
belief, also involves the functionality of the Hall effect sensor. Further, a battery level sensor is
activated when an earbud is in electrical contact with the charging case. Without limitation, a
magnet disposed within each earbud is used to magnetically couple the earbud to the charging
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case, which engages an electrical contact of the conducting lead of the earbud with the conducting
lead of the charging case, thus actuating a battery level sensor.
the system of claim 5 (see above), wherein, on information and belief, a sensor, for example a Hall
effect sensor in the charging case, a battery level sensor, a vertical-cavity surface-emitting laser
sensor, an infrared sensor and/or a Bluetooth sensor each can be activated using a magnet.
Bluetooth sensors, infrared sensors and VCSEL sensors in the earbuds are activated when the case
is opened while the earbuds are within the charging case, which, on information and belief, also
involves the functionality of the Hall effect sensor. Further, a battery level sensor is activated
when an earbud is in electrical contact with the charging case. Without limitation, a magnet
disposed within each earbud is used to magnetically couple the earbud to the charging case, which
engages an electrical contact of the conducting lead of the earbud with the conducting lead of the
charging case, thus actuating a battery level sensor.
72. Apple has also infringed, and continues to infringe, the claims of the ‘077 patent,
including at least those noted above, by actively inducing others to use, offer for resale, and resell
the Apple Infringing Products. Apple’s customers who use those devices in accordance with
Apple’s instructions directly infringe said claims in violation of 35 U.S.C. § 271(a). Apple
26
bad-faith, deliberate, conscious and wrongful, and it constitutes egregious conduct worthy of a
of Gwee’s exclusive rights under the ’077 Patent by Defendant has damaged and will continue to
COUNT III - INFRINGEMENT OF U.S. PATENT NO. 10,259,021
December 22, 2017 and the patent issued on April 19, 2019. The ‘021 patent claims priority to
77. Claim 1 of the ‘021 patent covers a system comprising “a portable switching device
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switching device; the portable switching device is configured to activate, deactivate or send into
hibernation the portable electronic device; and when coupled, the first case functions to protect the
second case.”
78. The Apple Infringing Products infringe claim 1 of the ‘021 patent. For example:
portable electronic device, for example, an Airpods case and Powerbeats case each functions as a
portable switching device and an AirPod earbud and Powerbeats earbud are portable electronic
devices, and they are magnetically coupled together, respectively. For example, when Airpods
earbuds and Powerbeats earbuds are placed into the Airpods case and Powerbeats case,
respectively, they securely snap into place magnetically. Further, if an Airpods case and
Powerbeats case are opened and turned upside down, the Airpods earbuds and Powerbeats earbuds,
respectively, are held into place magnetically and will not fall from the case. For example:
, , and
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80. On information and belief, such coupling comprises at least the magnets generally
marked by the beads below:
, , and
81. The Apple Infringing Products comprise the switching device (here the original
charging case and/or wireless charging case) and the electronic device (here the earbud(s)) being
configured to selectively couple to each other employing magnetic force from a magnet disposed
at least within the electronic device. An exemplary of such magnet is noted above at each
respective earbud.
82. The Apple Infringing Products comprise the switching device and the electronic
device each comprising a white or black plastic outer case, as noted in the images above and below.
83. The Apple Infringing Products comprise the electronic device further comprising
an electronic circuit that is responsive to the switching device. For example, when the Airpods or
Powerbeats charging case is opened/closed, the Bluetooth communications capability of the
earbuds is activated/deactivated when the earbuds are within the case, including as noted below:
29
that is fully disposed within the electronic device. For example, the beads below mark magnets so
disposed within the electronic device:
, and
30
element selected from the group consisting of bumps, raised shapes, and combinations thereof.
For example:
, , and
Powerbeats case and the Airpods earbuds and Powerbeats earbuds, respectively, are configured to
fit together when the earbuds are placed into their case. For example:
, , and
31
commence.
88. Apple Infringing Products comprise that, when the Airpods earbuds and
Powerbeats earbuds are magnetically coupled to the Airpods case and Powerbeats case,
respectively, and the Airpods case and Powerbeats case is closed, the first plastic case of the
Airpods case and Powerbeats case completely contains and functions to protect the second plastic
case of the Airpods earbuds and Powerbeats earbuds, respectively. For example:
, , and
89. Claim 2 of the ‘021 patent covers the system of claim 1 wherein the electronic
device has a lens. The Apple Infringing Products comprise the system of claim 1 (see above),
wherein the electronic device has a lens. For example, on information and belief, each AirPod
earbud and each Powerbeats earbud includes at least one infrared sensor and at least one vertical-
cavity surface-emitting laser, with each comprising a lens. For example:
, , and
32
90. Claim 4 of the ‘021 patent covers the system of claim 1 wherein the switching
and the Powerbeats case each have a lens for their LED light which indicates charge status:
device includes a lid and hinge attaching the lid to the switching device wherein the lid is recessed
to correspond to the electronic device. The Apple Infringing Products comprise the system of
claim 1 (see above) wherein the switching device includes a lid and hinge (noted below with
vertical arrows) attaching the lid to the base of the switching device wherein the lid is recessed to
correspond to the electronic device (noted below with horizontal arrows). For example:
, , and
92. Claim 7 of the ‘021 patent covers the system of claim 6 wherein the lid is recessed
to configure to the electronic device. The Apple Infringing Products comprise the system of claim
6 (see above), wherein the lid of the switching device is recessed to configure to the electronic
device. For example:
33
, , and
93. Claim 8 of the ‘021 patent covers the system of claim 6 wherein the lid has a second
example (as noted by the below beads at left),
, , and
94. Claim 9 of the ‘021 patent covers the system of claim 8 wherein the lid is configured
to employ the second magnet to secure the lid in a closed position. The Apple Infringing Products
comprise the system of claim 8 (see above), wherein the lid of the switching device is configured
to employ the second magnet to secure the lid in a closed position. For example:
, , and
34
96. Claim 12 of the ‘021 patent covers the system of claim 2 wherein a surface of the
first case is composed of a material nonabrasive to the lens. The Apple Infringing Products
comprise the system of claim 2 (see above), wherein plastic surfaces of each of the Airpods case
and Powerbeats case, respectively, is composed of a material nonabrasive to the lenses of the
Airpods earbuds and Powerbeats earbuds, respectively.
97. Claim 14 of the ‘021 patent covers the system of claim 4 wherein a surface of the
first case is composed of a material nonabrasive to the lens. The Apple Infringing Products
comprise the system of claim 4 (see above), wherein the plastic surfaces of each of the Airpods
case and Powerbeats case, respectively, is composed of a material nonabrasive to the lenses of the
Airpods earbuds and Powerbeats earbuds, respectively.
98. Claim 16 of the ‘021 patent covers the system of claim 1 wherein the first magnet
communications occur, comprising the activating of the earbud communications capability and
35
, , and
99. Claim 17 of the ‘021 patent covers the system of claim 8 wherein the second or a
device can be employed to perform at least one function selected from the group consisting of:
control volume, pause, play, next slide, switch on, switch off, and combinations thereof; to an
electronic device. The Apple Infringing Products comprise the system of claim 1 (see above),
wherein the Airpods case and the Powerbeats case can be employed to perform at least one function
selected from the group consisting of: switch on, switch off, and combinations thereof; with respect
to the Airpods earbuds and Powerbeats earbuds, respectively while the earbuds are within the
charging case. For example when the earbuds are selectively coupled to the switching device and
the lid of the switching device is opened, the Bluetooth transmitter for the earbuds is switched on.
When the earbuds are selectively coupled to the switching device and the lid of the switching
device is closed, Bluetooth communications from the earbuds are switched off.
36
including at least those noted above, including by actively inducing others to use, offer for resale,
and resell the Apple Infringing Products. Apple’s customers who use those devices in accordance
with Apple’s instructions directly infringe said claims in violation of 35 U.S.C. § 271(a). Apple
37
of Gwee’s exclusive rights under the ’021 patent by Defendant has damaged and will continue to
COUNT IV – INFRINGEMENT OF U.S. PATENT NO. 10,259,020
December 22, 2017 and the patent issued on April 16, 2019. The ‘021 patent claims priority to
107. Claim 1 of the ‘020 patent covers “A system comprising: a portable switching
device coupled to a portable electronic device; wherein: the switching device and the electronic
device are configured to selectively couple to each other employing magnetic force from a first
magnet disposed within the switching device; the switching device comprises a first case; the
electronic device comprises a second case and an electronic circuit that is responsive to the
switching device; the electronic device comprises at least one element selected from the group
consisting of beveled edges, ridges, recessed areas, grooves, slots, indented shapes, bumps, raised
shapes, and combinations thereof; configured to correspond to complementary surface elements
on the switching device; the portable switching device is configured to activate, deactivate or send
into hibernation the portable electronic device; and when coupled, the second case functions to
protect the first case.”
108. The Apple Infringing Products infringe claim 1 of the ‘020 patent. For example:
109. The Apple Infringing Products are systems comprising a portable switching device
coupled to a portable electronic device, for example, an AirPod earbud and Powerbeats earbud
function as a portable switching device, an Airpods case and Powerbeats case is a portable
electronic device, and they are magnetically coupled together, respectively. For example, when
38
Airpods earbuds and Powerbeats earbuds are placed into the Airpods case and Powerbeats case,
respectively, they securely snap into place magnetically. Further, if an Airpods case and
Powerbeats case is opened and turned upside down, the Airpods earbuds and Powerbeats earbuds
are respectively held into place magnetically and will not fall from the case. For example:
, , and
110. On information and belief, such coupling comprises at least the magnets generally
marked by beads below:
, , and
111. The Apple Infringing Products comprise the switching device (here the earbud(s))
and the electronic device (here the original charging case and/or wireless charging case) being
configured to selectively couple to each other employing magnetic force from a first magnet
disposed within the switching device. An exemplary such magnet is noted with beads on each
respective earbud:
39
, and
electronic device each comprising a white or black plastic outer case, as noted in the images above
and below.
electronic circuit that is responsive to the switching device. For example, when an AirPod earbud
or Powerbeats earbud is coupled to its charging case, the charging case activates, and it determines
the battery level of the Airpods earbuds and Powerbeats earbuds, respectively, and the charging
case also shows charge status via its LED light.
114. The Apple Infringing Products comprise the electronic device comprising at least
one element selected from the group consisting of recessed areas, indented shapes, and
combinations thereof. For example:
, , and
40
115. The Apple Infringing Products comprise the electronic device being configured to
correspond to complementary surface elements on the switching device. For example, the Airpods
case and Powerbeats case and Airpods earbuds and Powerbeats earbuds are configured to fit
together when the applicable earbuds are placed into the case. For example:
, , and
116. Apple Infringing Products comprise the portable switching device being configured
to activate the portable electronic device. For example, when an AirPod earbud or Powerbeats
earbud is coupled to its charging case, the case activates, including to charge the earbuds and/or
measure/display charge status.
117. Apple Infringing Products comprise that, when the Airpods earbuds and
Powerbeats earbuds are magnetically coupled to the Airpods case and Powerbeats case and the
Airpods case and Powerbeats case is closed, the second plastic case of the Airpods charging case
and Powerbeats charging case, respectively, completely contains and functions to protect the first
plastic case of the Airpods earbuds and Powerbeats earbuds. For example:
, , and
41
wherein the electronic device has a lens. For example, on information and belief, the Airpods case
and Powerbeats case each has a lens for its LED light which indicates charge status.
wherein the switching device has a lens. For example, on information and belief, the AirPod earbud
and Powerbeats earbud each have at least one laser and at least one infrared sensor, each
comprising a lens. For example:
, , and
device includes a lid and hinge (noted below with vertical arrows) attaching the lid to the electronic
device. The Apple Infringing Products comprise the system of claim 1 (see above), wherein the
electronic device includes a lid and hinge (noted below with vertical arrows) attaching the lid to
the base of the electronic device. For example:
42
, , and
121. Claim 7 of the ‘020 patent covers the system of claim 6 wherein the lid is recessed
to configure to the switching device. The Apple Infringing Products comprise the system of claim
6 (see above), wherein the lid of the electronic device is recessed to configure to the switching
device. For example:
, , and
122. Claim 8 of the ‘020 patent covers the system of claim 6 wherein the lid has a second
above), wherein the lid of the electronic device has one or more magnets disposed within it. For
example (as noted by the below beads at left):
, , and
43
123. Claim 9 of the ‘020 patent covers the system of claim 8 wherein the lid is configured
to employ the second magnet to secure the lid in a closed position. The Apple Infringing Products
comprise the system of claim 8 (see above), wherein the lid of the electronic device is configured
to employ the second magnet to secure the lid in a closed position. For example:
, , and
above), wherein the switching device is wireless earbuds.
125. Claim 16 of the ‘020 patent covers the system of claim 1 wherein the first magnet
communications occur, comprising activation of the earbud communications capability and
44
, , and
126. Claim 17 of the ‘020 patent covers the system of claim 8 wherein the second or a
comprise the system of claim 8 (see above), wherein the second or a third magnet is employed in
the lid in actuating the electronic circuit, on information and belief, in connection with the Hall
effect sensor, which senses a magnetic field associated with or modified by the second magnet.
device additionally comprises a laser. The Apple Infringing Products comprise the system of claim
1 (see above), wherein the switching device additionally comprises a vertical-cavity surface-
emitting laser.
device can be employed to perform at least one function selected from the group consisting of:
control volume, pause, play, next slide, switch on, switch off, and combinations thereof; to an
electronic device. The Apple Infringing Products comprise the system of claim 1 (see above),
wherein the switching device can be employed to perform at least one function selected from the
group consisting of control volume, play and pause, to an electronic device, for example, via
actions such as inserting/removing the earbud into/from the ear, and/or by tapping or pressing (as
applicable) the earbud.
45
including at least those noted above, including by actively inducing others to use, offer for resale,
and resell the Apple Infringing Products. Apple’s customers who use those devices in accordance
with Apple’s instructions infringe said claims in violation of 35 U.S.C. § 271(a). Apple
46
of Gwee’s exclusive rights under the ’020 Patent by Defendant has damaged and will continue to
JURY DEMAND
134. Gwee demands a trial by jury on all issues so triable.
PRAYER FOR RELIEF
135. Gwee requests entry of judgment in its favor and against Defendant as follows:
a. A declaration that Defendant has infringed and is infringing the patents-in-suit;
b. A declaration that Defendant’s post-notice infringement of the patents-in-suit has
been willful;
c. An order permanently enjoining Defendant, its respective officers, agents,
employees, and those acting in privity with it, from further direct and/or indirect infringement of
the patents-in-suit.
d. An award of damages to Gwee arising out of Defendant’s infringement of the
patents-in-suit, including enhanced damages pursuant to 35 U.S.C. § 284, together with
prejudgment and post-judgment interest, in an amount according to proof;
e. An award or attorneys’ fees pursuant to 35 U.S.C. § 285 or as otherwise permitted
by law; and
f. Granting Gwee its costs and further relief as the Court may deem just and proper.
Dated: July 28, 2020 Respectfully submitted,
/s/ John J. Edmonds

John J. Edmonds
Texas Bar No. 789758
Federal I.D. No. 22110
Stephen F. Schlather
47
EDMONDS & SCHLATHER PLLC

2501 Saltus Street
Houston, Texas 77003
Telephone: (713) 364-5291
Facsimile: (713) 222-6651
jedmonds@ip-lit.com
sschlather@ip-lit.com
Barrett H. Reasoner
Federal ID No. 14922
Mark A. Giugliano
Michael R. Absmeier
GIBBS & BRUNS, LLP
1100 Louisiana Street, Suite 5300
Houston, Texas 77002
Telephone: (713) 650-8805
breasoner@gibbsbruns.com
mgiugliano@gibbsbruns.com
mabsmeier@gibbsbruns.com
Alistair B. Dawson
Texas Bar No. Bar No. 05596100
Federal Bar I.D. 12864
adawson@beckredden.com
Michael E. Richardson
Texas Bar No. Bar No. 24002838
mrichardson@beckredden.com
BECK REDDEN LLP
1221 McKinney St., Suite 4500
Houston, Texas 77010-2010
Telephone: (713) 951-3700
Facsimile: (713) 951-3720
Butch Boyd
Butch Boyd Law Firm
2905 Sackett Street
Houston, TX 77098
Telephone: (713) 589-8477
48
Facsimile: (713) 589-8563

butchboyd@butchboydlawfirm.com
Attorneys for Plaintiff GUI Global Products, Ltd. d/b/a

Gwee
49

GUI Global Products v. Apple

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Case 4:20-cv-02652 Document 1 Filed on 07/28/20 in TXSD Page 1 of 49

IN THE UNITED STATES DISTRICT COURT

GUI GLOBAL PRODUCTS, LTD. §

COMPLAINT FOR PATENT INFRINGEMENT

and states as follows:

(collectively the “patents-in-suit”).

Dock™, Gwee Gym™, and Dry See®.

place in the market.

inventors. These ten patents include the four patents-in-suit.

(collectively the “Apple Infringing Products”).

Place in Houston, Texas.

13. Apple is a California corporation having a place of business in Cupertino,

System, 1999 Bryant Street, Suite 900, Dallas, Texas 75201.

JURISDICTION AND VENUE

the State of Texas.

such use and sales efforts by Apple occurring in Houston.

COUNT I – INFRINGMENT OF U.S. PATENT NO. 10,589,320

non-provisional and provisional filings dated as far back as August 5, 2011.

combinations thereof; configured to correspond to complementary surface elements on the

the second case.”

by the beads depicted below:

each other through a magnetic force.

Bluetooth communications capability of the earbuds is activated/deactivated, including as noted

the electronic device is marked by beads below:

applicable) the earbud.

functioning to protect the second case. For example:

lens. For example:

example (as noted by the below beads on the lids at left),

follows. For example:

earbuds, and it is composed of a material nonabrasive to the above-noted lenses, respectively.

occur, comprising activation of the earbud communications capability and communication of

also noted on each charging case):

modified by the second magnet.

lead of the charging case, thus actuating a battery level sensor.

importing the Apple Infringing Products in violation of 35 U.S.C. § 271(a).

instructions, manuals and guides.

of the ‘320 patent.

willfully infringed the ’320 patent.

enjoined by this Court.

COUNT II - INFRINGMENT OF U.S. PATENT NO. 10,562,077

provisional and provisional filings dated as far back as August 5, 2011.

combinations thereof; configured to correspond to complementary surface elements on the

first case functions to protect the second case.”

by the beads depicted below:

the Bluetooth communications capability of the earbuds is activated/deactivated, including as

functioning to protect the second case. For example:

which each comprise a lens. For example:

example (as noted by the below beads at left),

earbuds, and it is composed of a material nonabrasive to the above-noted lenses, respectively.

(complementary magnets are also noted on each charging case):

modified by the second magnet.

lead of the charging case, thus actuating a battery level sensor.

charging case, thus actuating a battery level sensor.

importing the Apple Infringing Products in violation of 35 U.S.C. § 271(a).

instructions, manuals and guides.

of the ‘077 patent.

willfully infringed the ’077 patent.

enjoined by this Court.

COUNT III - INFRINGEMENT OF U.S. PATENT NO. 10,259,021

non-provisional and provisional filings dated as far back as August 5, 2011.

combinations thereof; configured to correspond to complementary surface elements on the

marked by the beads below:

Powerbeats charging case is opened/closed, the Bluetooth communications capability of the

disposed within the electronic device: